MORE REWARDS PROGRAM TERMS AND CONDITIONS
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- Pauline Hodges
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1 MORE REWARDS PROGRAM TERMS AND CONDITIONS 1. The More Rewards customer loyalty program ( More Rewards ) is administered by the Overwaitea Food Group Limited Partnership ( OFG ). The More Rewards name and design are the trademarked property of OFG and may only be used by permission of OFG. Membership Enrollment 2. To participate in the More Rewards program, applicants must apply to become a member ( Member, you, and your ). Membership is free and no initial purchase is required. Simply fill out a More Rewards program application form and deliver it to any participating OFG store, apply through the website (the Website ), or at any other location or process designated by OFG from time to time. After submitting an application, OFG in its sole discretion will determine if a person qualifies for membership in More Rewards. If accepted, a Member will be allocated a More Rewards account and receive a More Rewards card bearing a unique account number, and/or any other access device or method capable of verifying More Rewards membership, as OFG may determine from time to time (collectively, the Card ). 3. Applicants must be of the age of majority in the jurisdiction where they reside, or have a parent/guardian provide their consent, in order to enroll in the More Rewards program. 4. Members should only have one More Rewards account at a time. Inactive or extra accounts may be deleted or merged with a Member s active account as decided by OFG in its own discretion. 5. Members may create an online account at the Website associated with their Card, using a unique username and password combination ( Website Credentials ). Members must not use Website Credentials that are the same as they use on any other website. Once logged in to the Website, Members will be able to update their personal information, redeem Points for items in the online catalogue, review account transaction history, as well as other activities enabled by OFG from time to time. 6. The More Rewards Card is not a credit card and has no inherent value. The More Rewards Card is the property of OFG and it may be revoked and membership cancelled at any time by OFG in its sole discretion. 7. Members should advise OFG immediately of any changes of personal information including name, address, telephone numbers and either by visiting the Website or by contacting the customer service centre at OFG reserves the right to refuse membership to any individual who, in OFG s sole discretion, does not follow the prescribed enrollment procedures or is not fully eligible to become a Member. 9. More Rewards membership is only available to individuals except with special permission from OFG. Otherwise, corporations, businesses, charities, partnerships, enterprises or organizations
2 (collectively Organizations ) can only obtain a Card through an individual, who will be deemed the authorized representative of the organization for purposes of the More Rewards program. Organizations may be allowed to participate in the More Rewards program as recipients in the Donate your Points program. Collection of Points 10. To collect More Rewards points ( Points ) following enrollment, a Member must make eligible purchases at participating OFG stores or other More Rewards program partners (collectively Partners ) and present their More Rewards Card. The Member s Card must be presented to the cashier or point of sale at a participating Partner before the qualifying purchase transaction is completed. Members may also collect Points in accordance with Section 35 of these Terms and Conditions. 11. If the Card or number is not available at the time of purchase, the Member may present the receipt and Card to the Partner within seven (7) days of the qualifying transaction to receive the applicable Points. 12. Points will be awarded based on the advertised or promoted offers of each Partner. Most of our Partners award one (1) Point per dollar spent on a qualifying purchase. If Points are awarded based on dollars spent, the number of Points to be awarded will be calculated by reference to the net pre-tax total (purchase price less discounts) of each qualifying purchase rounded to the nearest dollar spent. Partners may offer special promotions from time to time offering additional Points on certain products or for spending a certain amount on qualifying purchases. Such bonus Points, once awarded, shall form part of the Member s Points balance. 13. Points may not be issued on the purchase of the following items/services: Post Office, cigarettes and tobacco (where sold), lottery tickets, transit passes, delivery charges (where applicable), insurance, gift with purchases, charitable donations, the Points redemption portion of a transaction, pharmacy services and products, and any other items specified as exclusions from time to time or where prohibited by law. Points will be awarded when a Member pays for a purchase with a gift card. Points will not be issued on the purchase of gift cards. OFG reserves the right to add or delete items eligible for Points issuance from Partners at any time. 14. Points may be shown on the cash register receipt for each purchase at an OFG store when a Card is presented before the completion of the purchase transaction. Points earned on purchases made at other Partners will not necessarily show up in your account immediately, and may take up to thirty (30) business days depending upon the Partner. Points earned through a special promotion may take longer than thirty (30) days to show up in your account. OFG is not responsible if a Partner delays or fails to notify OFG or for any other delay in recording Points in your account. Some Partner locations may not participate in the More Rewards program. 15. Members may also earn Points by making purchases with online retailers participating in the More Rewards online mall located within the Website (the M@ll ). Members must be logged into the Website and complete a purchase using the retailer link from the M@ll to earn Points. Points will be awarded based on one (1) Point per dollar (CDN) spent. Points earned on purchases made through the M@ll will not necessarily show up in your account immediately, and may take up to thirty (30) business days depending upon the retailer. For clarity, retailers participating in the M@ll only are not considered to be More Rewards program Partners.
3 16. OFG may refuse to record Points in your account, or if already recorded, may cancel them or refuse to honour them, if OFG cannot confirm that they were properly issued or collected. OFG may also cancel Points if the issuing Partner does not pay amounts owing to OFG for the Points or requests that OFG cancel the Points (for example, because you returned or didn t pay for products or services for which the Points were originally issued). 17. Returns of purchases from a Partner that originally earned Points will cause the applicable Points to be deducted from the Member s account (whether or not the Card is presented at the time of return). 18. Any discrepancies in Points earned must be addressed with OFG within sixty (60) days of the date on which the transaction giving rise to the discrepancy occurred, unless such discrepancy relates to Points allocated to a Member improperly or in error. 19. You must reimburse OFG for, or return to OFG, any Rewards for which you redeemed Points that were allocated to your account improperly or in error, in OFG s sole discretion. OFG may deduct any such Points from your account or seek any other legal alternatives available to OFG. 20. Members residing in the same household may link their Card accounts together by all such Members attending the customer service desk at any OFG store, contacting the OFG customer service centre, or providing proof of common intention acceptable to OFG. Proof of common address acceptable to OFG may be required. In addition, if there is more than one Credit Card issued on the same Credit Card Account, OFG will link the More Rewards accounts of the Cardholders as set out in Section 40 of these Terms. Any linked Member s Card may be used to redeem Points held by the linked More Rewards accounts, regardless of which Member s account earned the Points. 21. In the event a Member makes a request of OFG that linked Card accounts be severed, the current Points balance will be divided equally between the linked Card accounts regardless of which Card was used to collect the Points. OFG may, in its discretion, allocate Points between Cards disproportionately at the time of unlinking with written authorization from all Members affected. 22. Points are not transferable from one Member to another, except at the time of unlinking Cards, in conjunction with the Donate your Points program or other special Points transfer programs that may be offered by OFG from time to time. 23. Upon the death of a Member or cancellation of a More Rewards account: a. if the More Rewards account is linked with another More Rewards account, all collected Points will remain available to the remaining linked More Rewards account(s); or b. if the More Rewards account is not linked with another More Rewards account, all collected Points will be forfeited without compensation and the Points balance will be reduced to zero. 24. Points are not divisible in the case of divorce except pursuant to Paragraph 21 of these Terms and Conditions.
4 25. Should any Member not acquire or redeem any Points for a period of eighteen (18) consecutive months, at OFG s sole discretion their membership may be deemed to be inactive, the Member s account closed, and any Points in the account forfeited without compensation. Redemption of Points 26. Points may be redeemed for rewards contained in the current More Rewards catalogue, made available on the Website, or for select goods and services through Partners (collectively Rewards ). OFG reserves the right to add or delete Rewards at any time or change the number of Points required to redeem a specific Reward. A reduction in the number of Points required to redeem a specific Reward does not entitle a Member who previously redeemed Points for the Reward to a refund of any Points. 27. From time to time, special promotions may be run during which one or more redemption level(s) may temporarily be altered and/or suspended, new redemption levels added or Points may be redeemed directly towards the purchase of specific Rewards. OFG may, from time to time, offer supplementary programs or promotions related to the More Rewards program. Such related programs may be governed by additional or distinct terms and conditions applicable therein, such terms to be made available on the Website. 28. In accordance with Federal and Provincial tax legislation, GST, PST, HST and any other applicable taxes are calculated and payable by the Member on the purchase price of Rewards after any reduction for redeemed Points. Other fees, such as environmental handling fees, may be added to the purchase price where required by law. 29. A Member s Points balance will be reduced by the number of Points redeemed during a transaction. Unredeemed Points plus any Points earned in the current transaction will remain in the Member s Points account and can be applied to a subsequent transaction. Points can only be redeemed for a Reward if the required Point redemption level is acquired prior to the Rewards transaction. 30. Points may be redeemed in store by any person presenting a Card, or online through the Website. Members may be required to provide proof of identity when redeeming Points or picking up a Reward. 31. Members are responsible for the security and privacy of their Cards, Account numbers and their Website Credentials. You must immediately report a lost or stolen Card or compromise of your Website Credentials to OFG through the customer service centre or at any participating OFG store. Upon OFG being reasonably satisfied of the Member s identity, a new Card will be issued with a new More Rewards program account number and the old account number deactivated. The Member s accumulated unredeemed Points balance will be transferred to the new account. In the case of the Website, a password reset will be performed by OFG. 32. Members are responsible for all use of their Card, Account number or Website Credentials by any other person, and OFG assumes no liability or responsibility for Points redeemed by any person(s), prior to OFG receiving notification from a Member that their Card has been lost or stolen or that their Website Credentials have been compromised. 33. From time to time, OFG may advertise exclusive offers to Members with respect to the collection of Points or Rewards other than as specified in the current Rewards catalog or on the Website.
5 34. Points have no cash value and are not exchangeable for cash. Points cannot be sold or purchased. Points are void if sold for cash or any other consideration. The value of Points varies with the method of redemption chosen by the Member. Additional Terms for Members with a Scotiabank More Rewards Visa Credit Card 35. The Primary Cardholder will earn Points in accordance with these Terms and Conditions for qualifying purchases made with a Scotiabank More Rewards Visa credit card ( Credit Card ) issued by The Bank of Nova Scotia (the Issuer ). The Primary Cardholder is the individual who applies for a Credit Card and in whose name a Scotiabank More Rewards Visa credit card account ( Credit Card Account ) is opened by the Issuer. If you, as the Primary Cardholder, are not a More Rewards Member at the time you apply for a Credit Card Account, you will be automatically enrolled in the More Rewards program once you are approved for a Credit Card Account. 36. If you or another Cardholder on your Credit Card Account activate, sign, or use any Credit Card issued on your Credit Card Account, it will mean that you have read these Terms and Conditions and understand and agree to abide by them, including any changes that OFG makes to these Terms and Conditions. 37. To earn Points using your Credit Card, your Credit Card Account must be connected to a More Rewards account that is open and in good standing. Each Credit Card Account can only be connected to one More Rewards account. This means that Points earned with all Credit Cards issued on your Credit Card Account (including Credit Cards issued to a Secondary Cardholder or Supplementary Cardholder) will be credited to the Primary Cardholder s More Rewards account. 38. Following activation of your Credit Card, Points are earned and posted to the More Rewards account linked to your Credit Card Account as follows: a. Six (6) Points will accrue for every one dollar in Canadian funds (CDN$1.00) (or Canadian currency equivalent) in Net Purchase transactions made at a More Rewards Partner. Participating More Rewards Partners may change from time to time in the sole discretion of OFG. The current list of participating More Rewards Partners is available the Website. b. Four (4) Points will accrue for every one dollar in Canadian funds (CDN$1.00) (or Canadian currency equivalent) in Net Purchases made other than at a participating More Rewards Partner. c. For purposes of earning Points, Net Purchases are purchases of eligible goods and services that are charged to your Credit Card Account less any returns or other credits. Net Purchases do not include, and Points are not awarded for, cash advances, Scotia Credit Card Cheques, returns, payments, annual membership or card fees, casinos and gambling, interest charges or service transaction charges. Credits for returns and adjustments will reduce or cancel your Points by the amounts originally charged to the Account. d. In addition to the regular accrual rates described above, from time to time, Cardholders may have opportunities to earn additional Points through special offers that will be accompanied by specific rules.
6 e. Issuer will remit to OFG information pertaining to Net Purchases up to two (2) business days following the date such transactions are posted to your Credit Card Account. On the next business day following receipt of this information, OFG will post the applicable number of Points to your More Rewards account. Business days are Monday through Friday excluding bank holidays and statutory holidays in the Province of British Columbia. Points are not available for redemption until they are posted to your More Rewards account. f. Credits for returns and adjustments will reduce or cancel the Points earned by the amounts originally charged to your Credit Card Account and will be reflected in the Points summary on your monthly Credit Card Account statement. g. A section of your monthly Credit Card Account statement will show the number of Points collected during the billing cycle (based on Net Purchases made with your Credit Card), including any Points adjustments and promotional bonus Points earned with your Credit Card during such billing cycle, and such other information as may be determined by Issuer from time to time. Your monthly Credit Card statement will not show cumulative Points balance for the More Rewards account nor reflect any redemption of Points. h. Points cannot be used in partial or total payment of your Credit Card Account or any other credit card or credit facility provided by Issuer. 39. OFG will administer and maintain Points earned while participating in the More Rewards program, including those accumulated by Cardholders using their Credit Card. 40. If you have additional Credit Cards issued on your Credit Card Account, the following applies: a. If your Credit Card Account is a joint account, the co-borrower ( Secondary Cardholder ) will automatically be enrolled in the More Rewards program and OFG will link the Secondary Cardholder s More Rewards account with the Primary Cardholder s More Rewards account; b. If any authorized users are issued a Credit Card on your Credit Card Account (each, a Supplementary Cardholder ), then such individuals may apply to OFG to become a Member (see Section 2 on how to become a Member). Upon enrollment as a Member, the Supplementary Cardholder will be issued a More Rewards account and OFG will link the Supplementary Cardholder s More Rewards account with the Primary Cardholder s More Rewards account. c. All existing and accrued Points (earned by any linked Member) will be available for redemption by all linked Members unless the More Rewards accounts are subsequently unlinked pursuant to Section 21 of these Terms. See additional information about linked More Rewards accounts in Sections of these Terms. 41. All redemptions of Points are to be made through OFG in accordance with these Terms and Conditions. Issuer is not responsible or liable for the redemption of Points and/or the management of the More Rewards program. 42. If you voluntarily close your More Rewards account, any Points earned with your Credit Card Account that have not been posted to your More Rewards account shall be automatically, immediately and irrevocably forfeited.
7 43. If Issuer cancels your Credit Card Account, whether due to fraud, abuse, non-payment, nonrenewal, death or for any other reason, any Points that have not been posted to your More Rewards account shall be automatically, immediately and irrevocably forfeited. Points accrued in relation to acts of fraud or abuse will also be cancelled. 44. You consent to and authorize both OFG and Issuer to collect, use and share information about you, your Credit Card Account and your More Rewards account in order to administer and support the More Rewards program, including the enforcement, servicing and fulfillment of these Terms and Conditions. The type of information that we may share includes: your name, address, mailing address, telephone number, including updates to this information information about your Credit Card Account and transactions on your Credit Card (for example the purchase amount, transaction date, merchant name, and whether the transaction was completed by you or a supplementary cardholder) information about your More Rewards account (such as your account number and information related to your earnings and redemptions) General Information 45. You consent to OFG s collection, use and disclosure of your personal information in accordance with OFG s More Rewards program privacy policy. OFG shall maintain the privacy, security and integrity of all personal information collected from Members, such as but not restricted to: name, address, telephone numbers, date of birth and purchasing information. Such information may be used by OFG for purposes of administering rebate programs and contests, to better develop our relationship with you, and to develop products that may be of interest to you. The full More Rewards program privacy policy can be found at OFG reserves the right to terminate the More Rewards program at any time by providing notice in OFG stores and on the Website, as well as by notification to such Members as have consented to receiving direct communications from OFG. If events beyond OFG s control materially affect OFG s ability to operate the More Rewards program, the More Rewards program may be suspended or terminated without notice. 47. A Member may cancel their More Rewards account with written notice to OFG or such other communication reasonably satisfactory to OFG. 48. OFG may restrict, suspend or otherwise alter any aspect of the More Rewards program, without notice. Any material changes to these terms and conditions will be made available on the Website. 49. The Member s signature on the More Rewards program application form, submission of an online application form and/or first time usage of a Card constitutes agreement by the Member to these Terms and Conditions. 50. Any abuse by a Member of the More Rewards program privileges, any failure by a Member to follow the More Rewards program rules, regulations, these Terms and Conditions, or any misrepresentation by a Member may, at OFG s sole discretion, subject the Member to expulsion from the More Rewards program, including forfeiture of all accumulated Points without compensation.
8 51. Upon suspension or termination of the More Rewards program for any reason whatsoever, neither OFG nor Issuer will have any liability therefor to Member and is automatically released from all claims by Members in respect of such suspension, termination, forfeiture, or redemption of Points or otherwise resulting from such suspension or termination. 52. Any federal and/or provincial tax liability and reporting obligations for any taxes (including, but not limited to, personal income tax reporting) arising from the accrual or redemption of Points, is your responsibility. You should consult with your personal tax advisor in order to determine any personal tax consequences. You understand and agree that neither Issuer nor OFG will issue tax receipts in respect of the Program. You hereby agree to release Issuer, OFG and their respective affiliates, directors, officers and employees from any and all claims in respect of any tax liability resulting from your participation in the Program. 53. If a Member has an issue with a Reward item, it may be returned to OFG for a refund or replacement (at OFG s sole discretion) within sixty (60) days of item receipt if accompanied by proof of purchase and all original packaging and parts. Some exceptions may apply. In the event a refund is approved by OFG, the Member s More Rewards account will be credited with the number of Points originally redeemed for the item, and any original payment of funds will be refunded to the original source of the funds paid (for clarity, refunds of credit card payments will be credited back to the original credit card and not paid to the Member in cash). After 60 days, Members must contact item manufacturer directly for warranty coverage. Gift cards and vouchers that carry a balance are non-refundable. 54. Neither OFG, Issuer, nor any of their respective affiliates, officers or directors have any responsibility or liability for any expense, loss, cost, injury, damage, delay, accident or any other matter or thing whatsoever (collectively, "Costs"), however suffered or caused (including compensatory, incidental, indirect, special, punitive, consequential or exemplary damages or damages for loss of income or profits), directly or indirectly arising out of or related to a. the More Rewards program or your participation in the More Rewards program; b. any failure, delay or decision by us in administering the More Rewards program or amending these Terms and Conditions or the basis on which you can redeem Points; c. unauthorized use of your Card or account number; d. any offer, representation, statement or claim about the More Rewards program, any Partner or their products or services, made by a Partner or any other person; or e. the purchase, redemption for or use of any goods or services of Partners, including any travel arrangements or other Rewards, whether made available by us, any of our affiliates, Partners or otherwise. This limitation applies even if OFG or Issuer is advised of the possibility of such Costs. Partners are not responsible for the More Rewards program beyond their direct involvement with issuing Points. Any liability OFG may have to you or anyone else who obtains the benefit of any Points you redeem, under any circumstances, for any negligence, breach of contract or otherwise, is limited to crediting your account with the number of Points you redeemed in connection with the relevant Reward. Use of OFG s website is subject to the terms of use displayed thereon from time to time. 55. Issuer and OFG are not affiliated in any manner and are not agents, representatives, partners, joint venturers, or employees of each other and neither party has the power to obligate or bind the other party.
9 56. Any waiver by OFG of the strict observance, performance or compliance by a Member with any of the Terms and Conditions contained herein, either expressly granted or by course of conduct, shall not be deemed to be a waiver of any rights or remedies of OFG as a result of any other failure to observe, perform or comply with the Terms and Conditions. No delay or omission by OFG in exercising any right or remedy hereunder shall operate as waiver thereof or of any other right or remedy. 57. These Terms and Conditions may be different from what you understand about the More Rewards program. These Terms and Conditions constitute the entire agreement between you and OFG regarding your participation in the More Rewards program, your entitlement to collect and redeem Points and your entitlement to any other benefits of the More Rewards program, and supersede all previous versions. Except as expressly contained in these Terms and Conditions, there are no conditions, representations, warranties, express or implied, statutory or otherwise. When you deal with OFG over the Internet, you consent to the formation of contractual relations through electronic communications. We are the final authority as to the interpretation of these Terms and Conditions and as to any other questions or disputes regarding the More Rewards program or any Reward. Unless we otherwise elect, any dispute regarding these Terms and Conditions, including validity, existence, binding effect, interpretation, performance, breach or termination, and including tort claims, shall be referred to and finally determined, to the exclusion of the courts, by a single arbitrator. The arbitration shall take place in Vancouver, British Columbia, in English, and in accordance with British Columbia laws. The arbitration shall be conducted in strict confidence with no disclosure to any person of the fact of the dispute or any aspect of the dispute except as necessary for resolution of the dispute. Revised February 2, 2017
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